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TERMS OF SERVICE & AGREEMENT

 

THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES FROM APPEARANCE ATTORNEY ON CALL, INC, APPEARANCE ATTORNEY ON CALL, DOCTOR MARKETING PROS AND/OR ANY AND ALL OF THEIR AFFILIATE ENTITIES OR INDIVIDUALS(collectively as “AAOC” and/or “Appearing Attorney”) AND YOU(“Requesting Attorney”).

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

In order to use the Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, this Agreement for Services (this “Agreement“), which may be modified by from time to time at our sole discretion. All modifications will be posted on appearanceattorneyoncall.com (our “Website“) and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some AppearanceAttorneyOnCall.com, Norcal.AppearanceAttorneyOnCall.com and any other affiliated URL’s -branded websites or other websites we operate may be governed by separate user agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or Competitive purposes.

The following Terms apply to the services rendered by Appearing Attorney On Call(AAOC) and/or the “Appearing Attorney”, for the attorney requesting the appearance, herein known as the “Requesting Attorney”:

It shall be the responsibility of Requesting Attorney to provide AAOC with clear, complete, accurate data necessary to conduct a competent appearance; AAOC or contracted attorney shall have no affirmative obligation to contact Requesting Attorney for additional information. Information transmitted by telephone is not always clear, therefore, all information must be provided in writing to AAOC.  Appearance attorney is not liable for any damages resulting from failure to provide information and documents.  Requesting Attorney retains all responsibilities associated with the case.

This service is intended only for active status California attorneys in good standing with the State Bar of California who are actually counsel of record in a given matter. No service is rendered to counsel who have yet to substitute in as counsel of record. AAOC will contract an attorney to appear or to conduct contract counsel services. No Appearing Attorney shall serve as record counsel unless by special prior arrangement and under explicit written agreement. AAOC/Appearing Attorney(s) do not maintain errors and omissions coverage.

Unless otherwise agreed in writing or ordered by the court, the duty of AAOC and/or any contracted attorney sent by AAOC terminates when appearance results are transmitted to Requesting Attorney. AAOC will make every reasonable effort to transmit results the day of the appearance. AAOC shall not be liable for unfavorable appearance results caused by record counsel’s (or his or her firm’s or staff’s) negligence, fraud or malfeasance, or by Requesting Attorney’s failure to provide adequate data or instructions, or by the conduct of any attorney not associated with AAOC.

Since the outcome of litigation is subject to factors which cannot always be foreseen, Requesting Attorney acknowledges and understands that AAOC and/or Appearing Attorney has made no promises or guarantees concerning the outcome and is unable to do so. Requesting Attorney further acknowledges and agrees that judges may order sanctions or other monetary penalties at some appearances, and that AAOC and/or Appearing Attorney shall not in any manner be responsible for the imposition of said sanctions/penalties and/or there payment.  Requesting Attorney acknowledges and agrees that Requesting Attorney shall hold free and harmless AAOC and/or Appearing Attorney from any and all clams and damages of whatever nature, Requesting Party claims it may have in any regard for the actions and conduct under this Agreement by AAOC and/or Appearing Attorney.

Prepayment of Appearance Fees are mandatory. AAOC accepts MasterCard, Visa and PayPal. Fees are set forth on the Current Fee Schedule or if a special order then by a separate writing. The paying account must be in the name of the firm, an attorney member of the firm or the firm administrator. For charge card orders, download the Charge Card Authorization Form HERE and fax or email it to us completed and signed along with the card holder’s name, card number, expiration date, 3-digit code and the billing address, including zip code. Requesting Attorney, requesting attorney’s firm and requesting attorney’s client are jointly and severally liable for payment of all sums due AAOC. Fees are subject to change without notice for all future appearances not currently paid.

Cancellation of Appearance. There is no charge for orders canceled more than 24 hours before the scheduled service. There is a fifty percent (50%) cancelation fee charged for orders canceled the day before the scheduled service. Appearances canceled on the day of the appearance are charged the full fee. Matters that have gone off-calendar for any reason (e.g. the court’s sua sponte action) are also charged the full fee. It is the responsibility of the attorney of record to confirm a matter is on calendar.

AAOC and/or appearing attorney is under no duty to advance costs such as without limitation ex parte filing fees, debtor exam, warrant fees, parking charges and mileage charges, and requesting attorney must plan ahead if such costs are anticipated; however, if AAOC and/or appearing attorney does undertake such expense, requesting attorney irrevocably agrees that AAOC  may, without additional authorization, charge such expense to the credit card on file after the appearance is completed.  Further,  if after billing a minimum fee for service the actual time expended is greater than anticipated and billed, requesting attorney irrevocably agrees that AAOC may, without additional authorization, charge such additional time to the credit card on file after the appearance is completed

If for any reason, Requesting Attorney payment for any services and/or expenses under this agreement fails to make payment within seven(7) days of said email request to make payment then requesting attorney agrees that AAOC fee shall then be for late fee, and other related charges the flat fee of $ 500.00 and acknowledge that such conversion is not to be deemed interest but the actual value of services rendered within the community at large.

Requesting attorney shall indemnify and hold AAOC and/or appearing attorney harmless and defend AAOC and/or appearing attorney in any litigation arising from any unfavorable results caused by the contracted appearance, any action for professional misconduct, malpractice and in any/or malicious prosecution action arising from the matter.

AAOC may charge Requesting Attorney parking expense and mileage reimbursement. AAOC charges $0.30 per mile for all miles driven in assignments requiring travel of forty (40) miles or more. Requesting Attorney agrees that AAOC may charge parking expenses mileage expenses to the credit card on file without additional authorization.

All orders for service under this Agreement must be submitted online using our online form(s). Requesting attorney may submit data requiring special confidentiality by alternative means (e.g. courier, email or fax) with the understanding that Internet email and submission of information via forms is not inherently private and may be intercepted by third parties thereby compromising confidentiality.  Requesting attorney further understands and agrees that attorney client information may as a result of this contract be shared with AAOC and/or Appearing Attorney. AAOC and/or Appearing Attorney shall not release any confidential information to the best of their abilities and shall maintain all client-attorney information.

Acceptance of Reservations. All orders and reservations must be made using the online reservation system and database. AAOC will not be liable for any orders or reservations sent by facsimile or telephone. Submitting an order or reservation through the online reservation system does NOT alone constitute AAOC’s acceptance of that order or reservation and it does NOT confirm that our coverage attorney will cover that matter(s). AAOC only accepts the order or reservation once a coverage attorney has confirmed coverage and the Requesting Attorney has received by email the notification confirming coverage.

Relationship of the Parties. The Contract Attorney assigned is a AAOC contractor and shall not be considered to be Requesting Attorney’s employee or contractor.

Confidential Referral. Because AAOC also functions as a staffing and consulting firm, all AAOC contractors introduced to Requesting Attorney by AAOC constitute a confidential referral and Requesting Attorney agrees that Requesting Attorney is prohibited from disclosing the identity, contact information, and/or resume(s) of AAOC contractors to any other company, organization, or individual who is not bound by the terms of this agreement.

Referral Period. Because AAOC also functions as a staffing firm, Requesting Attorney agrees that accepting the resume of, or working with anyone introduced to Requesting Attorney by AAOC on a full-time, temporary, contract or project basis or through another staffing or temporary agency for 12 months after such introduction or the last date of work performed, whichever is later, that the terms and conditions of this Agreement shall be honored including all provisions regarding fees and conversion fees.

Non-Solicitation. Requesting Attorney agrees that for a period of twelve (12) months after a AAOC contractor performs work for Requesting Attorney, Requesting Attorney shall not solicit nor accept a current or former AAOC contractor’s solicitation of Requesting Attorney to perform additional work for Requesting Attorney. Violation of this provision shall constitute Requesting Attorney’s acceptance of the terms of this Agreement and trigger an immediate conversion fee.

Conversion Fees. After you evaluate the performance and potential of our contractors, you may wish to employ or contract directly with this person/firm.  Our contract attorney’s represent our inventory of skilled professionals. The conversion fee is a flat fee that represents, in part, AAOC’s lost opportunity to continue to utilize this contractor’s services for Requesting Attorney and other AAOC clients. In the event you wish to convert one of AAOC’s contractors to your employ either full-time, part-time, or per diem/contract you agree to pay AAOC a one-time conversion fee of $12,500.00. The conversion fee is due by Requesting Attorney and payable to “Appearance Attorney On Call” no later than 10 days after our contractor is converted to Requesting Attorney’s employ. Upon converting a AAOC contractor, there is no refund of a conversion fee.

Supervision. Supervision of a AAOC contractor on Requesting Attorney’s premises (or wherever you assign the contractor) is Requesting Attorney’s responsibility and Requesting Attorney acknowledges their obligations to supervise, instruct and monitor associated attorneys under the applicable state Bar’s Rules Regulating the Practice of Law and Rules of Professional Conduct.

Restrictions. AAOC contractors may never handle or convey cash, negotiables or other valuables unless otherwise agreed upon and directly related to the services contractor has been hired to perform. AAOC will not be held responsible for any loss or damage as a result of our contractor should this occur

Practice of Law. AAOC is a specialized staffing and recruiting Legal Processing Outsourcing (LPO)firm that provides outsourced legal staffing solutions to Requesting Attorneys.  AAOC is not a law firm and it does not engage in nor provide legal services or legal advise.

Ethical Obligations. Requesting Attorney recognizes and agrees that they are held to ALL professional standards of conduct prescribed by the state Bar in which it practices and hires coverage attorneys and expressly acknowledges they have read and understand their obligations regarding all such Rules including, but not limited to: Rules regarding Confidentiality, Rules regarding Conflict of Interest, Current Clients, Rules regarding Conflicts of Interest, Previous Clients , Rules regarding Competency .

Requesting Attorney understands that in an effort to comply with these Rules, Requesting Attorney shall not knowingly attempt to hire or hire a AAOC Contract Attorney if doing so would place such attorney in a position of conflict.

Disclosure Requirement to Requesting Attorney’s Clients: Requesting Attorney agrees to disclose the nature of the services provided by AAOC to Requesting Attorney’s clients if Requesting Attorney’s client would likely consider this information material. Requesting Attorney agrees it is their sole responsibility to make such disclosures to their clients.

Requesting Attorney has carefully read and considered the provisions hereof and, having done so, agrees that the restrictions set forth in this Agreement hereof(including, but not limited to, the time periods of restriction in each of such paragraphs) are fair and reasonable and are reasonably required for the protection of the interests of the Disclosing Party.

It is understood and agreed that the construction and interpretation of this Agreement shall at all times and in all respects be governed by the internal laws of the State of California, without giving effect to the conflict of law’s provisions thereof.  Venue of any action brought to enforce or relating to this Agreement shall be brought exclusively in the Superior Court of Riverside County.

Liability Insurance: Requesting Attorney understands and agrees that neither AAOC nor its insurance company, if any, shall have any liability for any misfeasance or malfeasance by Contract Attorney in the course of performing tasks as directed by Requesting Attorney and that the only insurance, if any, which shall cover any such misfeasance or malfeasance shall be the Requesting Attorneys’ and/or coverage attorney’s professional liability insurance.

Supervision: Requesting Attorney agrees that it is responsible to supervise, verify, and monitor the work performed by the contract attorneys as if they were associates in Requesting Attorney’s firm. Requesting Attorney agrees it is solely responsible for any and all professional liability or malpractice claims that may arise.

Prevailing Agreement. This Agreement shall govern, supersede and replace any and all prior agreements, contracts, or understandings between the parties hereto, whether oral or in writing, relating to the matters addressed herein and the contractual relationship of the parties. Any and all of any such prior agreements, contracts or understandings, whether oral or in writing, are superseded and replaced by this Agreement. This agreement may be changed, modified or amended only in writing.

Severability. If any provision of this Agreement is found invalid or unenforceable under any present or future law, the remainder of this Agreement will remain in full force and effect.

By providing the electronic signature (printing your name on the last form box), Requesting Attorney acknowledges that he/she has read and understands all the terms and conditions above mentioned.